SKETCHES OF COURT: Defense argues construction worker should have sought help to move 800 lb. buggy

May 8, 2015 By Alba Acevedo Special to the Brooklyn Daily Eagle

Court sketch by Alba Acevedo

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In this courtroom sketch, Hon. Arthur Schack listens as plaintiff’s attorney Dennis Breen (standing), of the law firm Lurie, Ilchert, MacDonnel & Ryan LLP, conducts a direct examination in the labor law trial of Hector Luna v. 4300 Crescent LLC. Expert witness Stanley Stein (seated) is a safety engineer.

At issue in the bifurcated trial was the determination of liability. The plaintiff, a construction worker at 4300 Crescent St. in Long Island City, had reported to his early shift in July 2012 when he was asked to transport materials from a platform to where they were needed. Alone at 7:30 a.m., he nevertheless attempted to ease an 800-pound mortar buggy backward down a ramp, and subsequently lost control of the load. He was struck by the buggy and fell onto a wooden form.

Luna, 55 years old at the time, was removed from the site by ambulance and hasn’t worked since.

The claim against the defendant revolved around the issue of providing adequate safety for persons at risk for elevation accidents. The defendant, represented by attorney Michael Pearsall (seated, right) of the law offices of Leon R. Kowalski, challenged the claim, alleging adequate safety devices and faulting the plaintiff for failing to obtain help from other employees.

The jury deliberated for two days before rendering a verdict for the defendant, finding that 4300 Crescent LLC had not violated Section 240 of the labor law. The plaintiff’s attorney is preparing motions to set aside the verdict for the trial that concluded last week in Kings County Civil Term.